CSP I. I. Anagbado V. Alhaji Idi Faruk (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice, Kaduna State, (hereinafter refers to as the lower Court) delivered on the 30th day of September, 2013, in suit No. KDH/KAD/1063/2011, between Alhaji Idi Faruk (then plaintiff) and CSP I. I. Anagbado (then defendant). The facts or events leading to the institution of the suit before the lower Court and the appeal to this Court are simple and straightforward. Sometime in 1997, Federal Government landed properties were rationalized throughout the country.

In Kaduna, Kaduna State, plot No. 17 Degel 2 Road, Angwan Rimi, G.R.A was subdivided whereby plot No. 17B was carried out as a separate plot. The respondent, who had earlier applied for this parcel of land claimed that same was granted vide lease agreement dated 1st September, 1997. The respondent further claimed that by virtue of the offer to him, which he accepted, he became the bonafide allotee and title holder of the craved out plot No. 17B Degel 2 Road, Angwan Rimi, Kaduna. The appellant claimed title to the said parcel of land. He therefore

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asserted that he was offered and granted lease of the entire plot No. 17 Degel 2 Road, Angwan Rimi GRA, Kaduna, including the parcel of land the respondent claimed was allocated to him.

The respondent did not agree to the claim of title to the disputed parcel of land by the appellant hence he instituted suit No. KAD/KD/1063/2011, at the lower Court seeking the following reliefs:

“(a) A Declaration that the plaintiff is the bonafide allottee, owner and title holder of carried out plot No. 17B Degel 2, Road, Anguwan Rimi, Kaduna,

(b) A Declaration that the Defendant does not have any right, claim or interest in the carried out plot No. 17B Degel 2, Road, Anguwan Rimi, Kaduna.

(c) An order of Perpetual Injunction restraining the Defendants, their agents, servants and/or privies from interfering with the rights, interests or title of the Plaintiff over carve out plot No. 17B Degel 2, Road, Anguwan Rimi, Kaduna.”

Pleadings were filed, issues joined and the suit went to trial whereat both parties adduced evidence in proof of their respective claims. The learned trial judge of the lower Court, delivered his judgment on the 30th of September,

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2013, thus:

“In the final analysis, I uphold the arguments for the plaintiff. I find the plaintiff?s case proved and do enter judgment for the plaintiff as per the plaintiff?s statement of claim. I find also that the defendant has failed to proved his counter claim. There is no evidence cogent enough to prove that the defendant is the sole allotee of No 17B Degel 2 Anguwan Rimi GRA, Kaduna without any carve out. The counter claim of the defendant is consequently.”

Peeved and piqued by the judgment of the lower Court, the appellant (as plaintiff) appealed to this Court vide a Notice and grounds of appeal filed on the 3rd of October, 2013 which was amended and filed on 9/6/14 and further amended and deemed filed on the 10th October, 2014 containing eight (8) grounds of appeal which are without the particulars are as follows: